Will the General Assembly reverse the 2018 GDOT carve-out on E-Verify for contractor bids?

In last year’s legislative session Republican state Senator Steve Gooch (R-Dahlonega) introduced legislation that gutted the process intended to ensure that the Georgia Department of Transportation hires contractors that are using a legal workforce. In the haste and bedlam of 2018’s Sine Die, Senate Bill 445 sailed through both the House and Senate.

It is notable that SB 445 went through the Senate Transportation Committee, as Senators Brandon Beach, Butch Miller, Frank Ginn and Mike Dugan were bill signers, in that order. All are transportation committee members — with Beach as chairman.

Now that the cat is out of the bag on this caper- and we have a new governor — one “important issue” for the 2019 session should be to see if lawmakers will reinstate the bidding system for GDOT that all other public employers and their contractors are still supposed to follow.

We recognize many readers will view this as a dry topic – the only folks who may have a concern are those who don’t want their taxes used to pay illegal aliens on GDOT projects.

After mandates were put into place in the Georgia Security and Immigration Compliance Act of 2006 (SB 529) to require all public employers and contractors to use E-Verify, adjustments were made in HB2 of 2009 to deal with the obvious problem that some public contractors were bidding on – and winning – contracts with bids that were based on the cost of black market labor before they swore on an affidavit that they were using E-Verify. This allowed contractors to hire a crew for a job that could not be verified as eligible to work using the E-Verify system, which can only be used for newly hired employees after receiving authorization from the feds to use the online system.

The 2009 solution to this chicanery was to change the law so that bids are not considered unless and until the E-Verify affidavit is presented.

In his quick presentation of the measure, Sen. Gooch told the committee the changes to the GDOT bid rules were being proposed to make life easier for contractors.

“Section 3… makes clear that the deadline for a bidder to supply their signed notarized e-verify affidavit is prior to contract award as opposed to the bid submission. This has caused a problem with some of the contractors that submitted their e-verify affidavits but they didn’t reach to the department either by mail or by other means of delivery in time for the bid, um, deadlines and therefore they were disqualified from bidding on the work. Now essentially requires ’em to submit those E-Verifies prior to the contracts being awarded” said Gooch (emphasis mine).

It is hard to accept that this is a constructive or plausible reason to make changes to the GDOT bidding system, as the existing law is clear that bids and E-Verify affidavits may be submitted electronically. If a contract bidder is indeed an E-Verify user, he can easily send that documentation along with his bid from his computer.

This writer asked GDOT for comment on this curious scenario. One of the questions asked for verification that SB 445 was in fact a GDOT bill, as Chairman Beach told the committee. That question went unanswered.

This is not the first adventure in state law on E-Verify, bids, and contractors for GDOT.

CBS Atlanta 46 TV News did a series of stories on GDOT’s violations of the bidding/E-Verify law in 2010 that illustrated the lack of concern for the hard-fought mandate designed to make Georgia unwelcoming to illegal employers and illegal labor – and to safeguard taxpayer dollars. We have archived some of those reports:

* “Activist: GDOT Is Breaking State’s Immigration Law – Violation May Make It Easier For Contractors To Hire Illegal Immigrants. Here.

* “GDOT: Worker May Have Been Illegal. The Georgia Department of Transportation said Wednesday that one of its subcontractors may have been in the country illegally. The admission came after a CBS Atlanta investigation…” (No link)

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Delta Memo Addresses Recent Events

ATLANTA, Ga. – National controversy swirled after Delta publicly discontinued their group discount relationship with the NRA (National Rifle Association). Then again as the Georgia State Senate removed a tax bill involving the aviation fuel tax credit which would have benefited Delta in the area of $40 million.

That controversy spread through social media when Delta announced their decision on Twitter. Later, Georgia’s Lieutenant Governor Casey Cagle tweeted that he would “kill any tax legislation that benefits @Delta.” Since then, social media has erupted in debate on gun control, the recent school shootings, and these two entities of Delta and the NRA.

Today, FYN has obtained an internal memo from Delta to its colleagues. The memo speaks on Delta’s decision for ending the discount as well as their stance on the connection between the decision and the tax bill.

Most thinking Georgians will no doubt agree that only illegal aliens require classification as “deferred action on deportation” or who may be under deportation orders from the federal government.

Most Georgians will be surprised to learn that Georgia’s Department of Drivers Services (DDS), the agency responsible for our driving and ID credentials, has issued, renewed or replaced more than 50,000 driver’s licenses and/or official state ID Cards to illegal aliens. These illegal aliens have either “deferred action on deportation” proceedings or are already under federal deportation orders. And that issuance of these official state documents is perfectly legal under current federal and state law.

Surprisingly, the 2005 federal REAL ID Act, passed after the horror of 9/11 says that states can optionally issue drivers licenses to illegals with “deferred action on deportation” and that the feds will allow this ID to be used to board airliners. The law says that “deferred action” is “evidence of lawful status” for federal acceptance of driver’s licenses as an official ID. The REAL ID Act guidelines from the feds are merely minimum requirements and standards for federal recognition – not legal requirements.

Georgia state law currently also allows “deferred action” illegals to get an official Georgia driver’s license and ID card. Surprisingly, but factually, Georgia has more illegals than Arizona.

In 2012 the Associated Press ran a news article headlined “Some illegal immigrants can get Georgia drivers licenses” explaining Georgia’s California-like situation. But, if you call your local DDS office, you will be told in – no uncertain terms – that “Georgia does not issue drivers licenses or ID Cards to illegal or undocumented immigrants.” Confusing, isn’t it? Many Georgia legislators think DDS should try harder to explain this scenario and how it is that DDS is issuing driver’s licenses to illegals.

Again, federal law does not say we must issue drivers licenses and ID cards to deferred action illegals. Instead, each state has the right to decide to whom it issues drivers licenses or ID Cards. And, importantly, Georgia officials also have the right to decide on the physical appearance of these credentials.

This brings me to the fact that the drivers licenses and ID Cards Georgia’s DDS gives to illegal aliens with “deferred action on deportation” are exactly like the ones we issue to legal immigrants, student visa holders and guest workers such as Mercedes Benz and KIA executives here from Germany and Korea, all who entered the United States legally.

This policy can and must be changed.

Georgia has the choice to issue a driver’s license to those with deferred action that will still allow them to drive, but that does not fit the federal requirements to be used as “ID for federal purposes” – like boarding an airliner or entering a federal building. And we can – and I firmly believe we must – change the appearance of these credentials so that no one will mistake the holder for a legal immigrant or a legitimate guest worker here on a legal temporary visa.

Currently at least two states, California and Michigan, issue multiple tiers of drivers licenses. The lower tiers are not recognized as federally approved ID and cannot be used as such. But the bearer can still drive.

I would use Mexico as another example here but Mexico does not allow any illegal aliens to obtain any type of driver’s license.

Georgia already issues a distinctly different driver’s license to young Americans that is vertically oriented and clearly marked “under 21.”

Realizing the United States is not going to be as strict as Mexico, Georgia should issue a vertically oriented ID, like we do for young drivers, to illegals with “deferred action on deportation” or who have been ordered deported, despite that the feds say we are not required to do so.

My bill, HB 484, pending in the Georgia Gold Dome requires DDS to end its current practice and to replace the driving and ID credentials now issued to illegal aliens with a vertically oriented, brightly colored card. This new ID card is designed to make it unmistakably and visually clear that the bearer is not a legal immigrant and that the ID is not acceptable for federal ID purposes. It would look something like the mock up pictured here.

Georgians will also be surprised to learn that many state legislators are not well educated on this topic. Because I introduced this measure late in the 2017 session, it has not had a committee hearing and is in need of legislative co-sponsors. Readers who agree this idea adds some sanity to our driver’s license and ID Card integrity should ask their House member to sign on as co-sponsors and support my bill, HB 484. This is vitally important for the State of Georgia.

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Jeff Jones (R) D167, is a second term Georgia State Representative. He can be contacted at: jeff.jones@house.ga.gov; (404) 565-0177

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Governor Signs House Bill 146 in Gilmer Fire Station

Georgia Governor Nathan Deal visited Fire House 1 in Gilmer County Thursday to officially sign House Bill 146 known as the “Firefigher’s Cancer Insurance Bill.”

Joined by several officials including Georgia House Speaker David Ralston and Senator Steve Gooch, author of the bill Micah Gravley, District 67 Representative, opened the ceremony by speaking about the two year effort to bring the bill to this point. Gravley related his interactions with two firefighters, Frank Martinez and Brian Scutter, who he said were the honor of the Bill as they fought for and spoke with legislators to get the bill passed, as well as the appropriateness to have the signing in Scutter’s home station in Gilmer County. Scutter was also mentioned by Speaker Ralston who said he had made a promise to Brian that he would give all that was in him to bring this day about. Turning to face Scutter, Ralston said, “I kept my promise.”

Governor Nathan Deal, who originally vetoed last year’s Bill 216 called the new House Bill 146 an “innovative and great solution to the situation.” Deal said the Bill provides relief for firefighters by providing a different method for compensation and money for treatment and care for firefighters who contract cancers during their work. Gravley thanked the Governor for his support of, as he called it, a “better bill.”

The sentiment was echoed by Speaker Ralston who said, “We have arrived at a better solution. By requiring a local government to provide insurance to our firefighters for certain types of cancer, the firefighter can skip the process of litigating a worker’s comp claim. This will allow the firefighter to focus on getting better and recovery rather than having to worry about legal bills and depositions and hearings.”

FYN caught up with Speaker Ralston and Governor Deal to ask them to elaborate on why the bill is better, comparative to last years Bill 216. The Speaker replied saying, “This uses a Health Insurance Model as opposed to a Workman’s Comp model which means instead of having to make a claim and perhaps go through a court type process to get benefits and income, Firefighters in this case will file a claim just like health insurance.”

Governor Deal also spoke on the insurance versus workman’s comp comparison saying it was an awkward and “adversarial way of deciding whether or not compensation is owed.” Deal went on to say the newer Bill is a much better solution “to provide insurance coverage that will define benefits and give some flexibility as to deciding the compensation that will be given to firefighters.”

More than Senators and Congressman came to see Deal sign the Bill, though. Several representatives from neighboring and local emergency services attended the event including Gilmer’s own Director of Public Safety Tony Pritchett who said the Bill “gives you a sense of protection… You can lay your head down and sleep better at night knowing that if you contract cancer because of the job, there’s some protection that will take care of you and your family.”

For more on the Signing of House Bill 146 watch the full ceremony below or find more Photos in our Album:

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